- 1 - HC-KAR NC: 2026:KHC:15238 MFA No. 8050 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.8050 OF 2025(MV-I) BETWEEN: SRI P. VIJAYKUMAR NAIDU S/O. LATE CHINNA VENKATAPPA AGED ABOUT 61 YEARS R/AT NO.3-33, BOJJAKUNTAPALLI VILLAGE DEVALAPALLE, KALAKADA MANDAL ANNAMAIAH DISTRICT-517 236 AND ALSO NO.602, SMP NILAYA 10TH CROSS, 3RD MAIN, HOYSALA NAGAR RAMAMURTHY NAGAR BENGALURU-560 016 …APPELLANT (BY SRI THIPPESWAMY B. C., ADVOCATE) AND: 1. SRI SYED SAHEB S/O. LATE MASTHAN AGED ABOUT 55 YEARS R/AT NO.5-197, RAJEEV NAGAR COLONY GURRAMKONDA ROAD KALAKADA VILLAGE AND MANDAL ANNAMAIAH DISTRICT-517 236 OWNER OF THE MOTORCYCLE BEARING NO.AP-40-A-7440 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15238 MFA No. 8050 of 2025 2. THE MANAGER TATA AIG GENERAL INSURANCE CO. LTD. NO.69, 3RD FLOOR, J. P. AND DEVI JAMBUKESHWARA ARCADE, MILLERS ROAD BENGALURU-560 052 …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N. A., ADVOCATE FOR SRI B. PRADEEP, ADVOCATE FOR R-2; VIDE ORDER DATED 12/12/2025, NOTICE TO R-1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2025 PASSED IN MVC NO.400/2024 ON THE FILE OF THE MACT, XXIII ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 01.08.2025 passed in MVC No.400/2024 on the file of XXIII Additional Small Causes Judge, Member, MACT, Bangalore for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:15238 MFA No. 8050 of 2025 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. This appeal is filed by the injured claimant, claiming compensation of Rs.60 lakhs. The Tribunal considering the entire evidence on record granted an amount of Rs.3,49,200/- with interest, at the rate of 6% p.a. from date of petition till realization. 4. Aggrieved by the said award, he preferred an appeal and the counsel of the appellant at the time of the argument stated that the medical expenses incurred by the petitioner is Rs.3,97,591/-, but the said amount is not granted by the Tribunal. Learned counsel of the respondents submitted that petitioner himself admitted before the trial Court that the said amount is paid by respondent No.1. Considering the said reason, it was not granted. 5. The learned counsel for the appellant has requested this Court to remand the matter for the purpose of re- - 4 - HC-KAR NC: 2026:KHC:15238 MFA No. 8050 of 2025 examining PW-1. At his request, the matter is remanded with a direction to the Tribunal to permit both sides for adducing evidence and for arguments, to decide the matter on merits by duly considering the entire evidence on record and to dispose of the matter within 2 months from the date of this order. Accordingly, the matter is disposed of. Registry is directed to send the records in 10 days. Both the parties are directed to appear before the Tribunal on 06.04.2026. Learned counsel for appellant is not entitled for any interest from date of filing appeal i.e. 27.10.2025 to till today i.e., 13.03.2026. Sd/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 55